Civil law in Macedonia

North Macedonia follows a continental European civil-law system based on the Constitution and detailed legislation. Natural persons have legal capacity from birth, reach adulthood at 18, and obtain or exercise legal capacity under the conditions set by law. Legal entities acquire their legal status through the applicable legal rules and, where required, registration with the Central Registry, which includes the Trade Register and the Register of Other Legal Entities. Civil-status records are handled by the competent authorities. The Law on Obligations provides the general framework for contracts, performance, late payment, interest, security, limitation periods and civil liability. A contract generally forms through agreement, although particular transactions require a legally prescribed form. A breach can lead to a claim for performance, compensation, termination or another legal consequence, depending on the contract and the circumstances. Property rights are governed by the Law on Property and Other Real Rights. It covers ownership, possession, co-ownership, easements, pledges and mortgages. Real-estate transactions generally require notarisation and registration in the cadastre. The Agency for Real Estate Cadastre, known as AREC, provides the cadastre and e-Kat services. A buyer should check the title, parcel details, registered encumbrances and current register status. Foreign ownership can be subject to reciprocity requirements or special restrictions. The Family Law regulates marriage, divorce, parental rights and duties, maintenance, adoption and guardianship. Basic Courts and the Centar za socijalna rabota handle relevant family and child-related matters within their legal responsibilities. Inheritance is governed by the Law on Inheritance, which covers intestate succession, wills, reserved shares, acceptance or renunciation of inheritance and liability for estate debts. A Basic Court has local jurisdiction in probate matters, while a notary may act as a court commissioner in transferred inheritance proceedings. Civil liability can arise from a contract or from conduct outside a contract. Depending on the legal basis, the claimant may need to establish causation and fault, while some cases use an objective-liability standard. Recoverable harm can include property loss, financial loss and non-material damage. Traffic incidents, products, insurance and work accidents may also involve special legislation; labour-law and criminal-law questions belong to their respective legal fields. The Law on Civil Procedure governs claims, service of documents, evidence, hearings, judgments and appeals. A Basic Court generally hears civil cases at first instance. Courts of Appeal hear appeals, and the Supreme Court is the highest judicial instance for the remedies provided by law. Mediation is legally available through licensed mediators whose registers are connected with the Ministry of Justice. Natural persons with residence or permanent residence in North Macedonia may qualify for primary free legal aid. Secondary legal aid can be available to a person who lacks sufficient means and submits a justified application; it can include lawyer representation in civil proceedings and certain notarial inheritance proceedings. Applications and information are handled through Ministry of Justice regional departments, authorised associations and legal clinics. Enforcement begins on the basis of an enforceable title from a court, notary or competent authority. An izвршител, or Enforcement Agent, can carry out seizure, sale, payment distribution and other enforcement measures under the Law on Enforcement. The case may involve fees, ranking between creditors, protection of exempt property and procedural deadlines. The Ministry of Justice and the Chamber of Enforcement Agents have relevant supervisory and professional functions. Court, notary, cadastre, lawyer, mediation and enforcement costs vary with the value, documents, procedure, jurisdiction and circumstances, so current official tariffs and applicable deadlines should be checked for the specific matter.